Smith v. Walker

Bell, Justice.

1. There can be no valid foreclosure of a materialman’s lien for material furnished to a contractor and used in improving the real estate of another person against which the lien is claimed, in the absence of a judgment in favor of the materialman against the contractor for the price or value of such material; and it must also appear, among other things, that suit for recovery of such judgment against the contractor- was commenced within twelve months from the time the claim became due. Code, §§ 67-2001, 67-2002; Pike Brothers Lumber Co. v. Mitchell, 132 Ga. 675 (64 S. E. 998,…